Terms and Conditions

Last Updated: May 20, 2020

WELCOME TO JABBAR & COMPANY’S WEBSITE (THE “SITE, 110SHADES.COM”)

Jabbar & Company Inc. (“JABBAR&Co, 110Shades, 110Shades.com, Quazi Cosmetics Company, we, us, or our”) provides the content and services available on the Site to you, including our loyalty programs (“110Shades.com”) subject to the following terms and conditions, our privacy policy, and any other terms and conditions and policies which you may find throughout our Site in connection with certain functionality, features or promotions as well as customer service, all of which are deemed a part of and included within these terms and conditions (collectively, “Terms and Conditions”).

THE SECTION BELOW TITLED “DISPUTES” CONTAINS A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER.  THEY AFFECT YOUR LEGAL RIGHTS.  PLEASE READ THEM.

You must be 18 years old or the age of majority in your jurisdiction in order to make a purchase on our Site.  If you are under 18 years old or the age of majority in your jurisdiction, then you may not make a purchase on our Site. If you are under 13 years old, you may browse our Site. However, you may not provide personal information to us, make a purchase on the Site nor register on the Site.  This Site is not directed to children under 13 years old.  By accessing or using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions.  IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, YOU MAY NOT USE OUR SITE.

1. PRIVACY

Please review our PRIVACY POLICY for details about our personal information practices.

2.  INFLUENCER AND DISTRIBUTOR PROGRAMS

For the terms and conditions applicable to the 110Shades Influencers and Distributors programs, please contact influencers@110shades.com and/or business@110shades.com. Membership is currently by request and invite only at this time.

3. PRODUCTS AND SERVICES FOR PERSONAL USE

The products and services available on the Site, and any samples thereof we may provide to you, are for personal and/or professional use only. You may not sell or resell any of the products or services, or samples thereof, you purchase or otherwise receive from us.  Please note that we will track the purchases you make as a 110Shades member through the Site, and by telephone order. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.

4. PURCHASE RELATED POLICIES AND PROCEDURES

Pricing & Loyalty Discounts Policy

The  “Maximum Suggested Retail Price (“MSRP”) of our products is the price paid by an unregistered Guest buyer purchasing a single item without applying any other discounts. The MSRP may vary from region to region.

The pricing displayed on our website is variable and shows the “out-of-pocket” amount of simply adding one more additional item to the cart. This is important since adding an additional item applies a retrospective discount to the accumulated discounted total, thereby changing the “average value” per item. This mechanism, however, allows our customers to create custom discovery packs and to help them find their shade.

Shipping charges and marketing costs are significant expenditures for us, and so rewarding loyalty is a key aspect of our offering – we share the savings with you in the form of automated discounts so your customs are always appreciated.

  • Registered member discount – signed up members of our Site ALWAYS receive a 10% discount on MSRP!
  • Tiered multi-buy discounts (“Discovery Packs”) – for every additional item purchased (up to a maximum cart total of 5 units per order), receive a further 10% discount on the entire cart! This is an equivalent maximum of a 40% discount on MSRP.
  • Registered customers purchasing again within 3 months automatically get a further 10% discount applied to their undiscounted cart total.
  • From time to time, promotion codes may become available for use as we advertise and market in different seasons. Promotion codes will typically apply no more than a further 10% discount on your cart total.
  • Referral codes may become available through our social media platforms, beauty and community influencers, or through other advertising; these will typically be applied as an absolute value discount applied to the cart sub-total.
  • In no case shall an order exceed 70% variable discount on MSRP.

The following links to charts illustrating the Discovery Pack pricing mechanism used on our Site: USD | CAD

JABBAR&Co. reserves the right to refuse the sale and processing of orders in the event that the frequency of purchase, by a member, is better suited for our Influencers and Distributors programs.

Purchasing & Cancellation Policy

In using our Site for either interest activities or to purchase products, you agree that you have read, understood and agree to the 110Shades Terms and Conditions.

Customers in the US and Canada may use our Site to purchase items for delivery in these regions directly. Customers may purchase up to a maximum of 5 items per order. Please direct requests for larger orders to either influencers@110shades.com or business@110shades.com depending on your case.

Orders may be cancelled directly from our website if still applicable, or by contacting orders@110shades.com using your registered e-mail address. Don’t forget to include your customer number (viewable from the account page when logged into our Site) and your order number too for faster processing. Cancellations can only be administered before the item has been processed for shipment, which will usually be by the next business day. Processed sales are final.

Order Fulfilment & Shipping Policy

New orders are typically processed by the next business day by our delivery partners. JABBAR&Co offers free standard (3-6 business day) shipping to customers receiving items in the US and Canada on all orders via the 110Shades website. While the Site does not currently offer expedited shipping options, purchase orders for JABBAR&Co’s full “Discovery Pack” of 5 items are typically fulfilled within 2 business days, once the order has been processed, under normal circumstances.

Once an order is processed, Tracking Information will be updated on your account for your purchase; this will complete the order. If you need assistance with an order, please send a message from your registered e-mail address to orders@110shades.com, and supply your customer and order numbers with your request for faster resolutions. Under normal circumstances, we aim to respond to customer inquiries within 2 business days.

COVID-19 Notice

Due to potential delays with our shipping carrier partners, the delivery of your order may take longer than normal. Currently, while our partners are working hard to fulfil our orders on time, there may be a reasonably expected delay of between 3 to 5 business days, depending on your shipping address. You can track shipping progress with the tracking number found in your order summary, online on our Site, once your order has been processed and the identifier attached. We apologize for any inconvenience and appreciate your understanding. We are committed to delivering your orders as soon as possible

International Purchase Policy

Currently, the Site does not offer shipping to other international destinations (other than the regions stated above) within our free shipping policy. Please e-mail business@110shades.com if you are interested in becoming a JABBAR&Co. distributor of 110Shades for your region, outside the US and Canada.

Returns & Refund Policy

As an overarching policy, in agreeing to use the Site, and hence our Terms and Conditions, all discounted sales are final and opened items are non-refundable.

For product related issued, please contact productsupport@110shades.com quoting your customer and order number for individual consideration. Please also include any helpful information artifacts that may help to communicate your concerns, for example, a detailed description of the issue you are facing and photos of the product as relevant.

Any refund or replacement of purchased items remains at the sole discretion of JABBAR&Co following our inspection of the purchased product item(s) in question. Any shipping costs associated with an agreed return are to be borne by the customer, as well as a $12 (USD equivalent) deductible re-stocking fee per item and a $8 (USD equivalent) deductible administration charge. JABBAR&Co reserves the right to waive these charges on a discretionary case-by-case basis where our products have been correctly identified and has been found to have been delivered below our internal quality standard thresholds that we enforce for our products.

In using our Site, you accept that in no case shall a refund exceed the equivalent whole or proportional value of your corresponding order after all associated costs with the delivery of the returned item has been taken into account.

5. ACCURACY OF INFORMATION

We attempt to be as accurate as possible when describing our products on the Site; however, we do not warrant that the product descriptions, colours, information or other content available on the Site are accurate, complete, reliable, current, or error-free.

This Site may contain typographical errors or inaccuracies and may not be complete or current. JABBAR&Co therefore reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience.

Advertising material used to promote 110Shades shall be considered “entertainment” media, and product depictions should be considered representative.

6. INTELLECTUAL PROPERTY

All information and content available on the Site and its look and feel, including but not limited to trademarks, logos, service marks, features, functions, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the “Content”) is our property or the property of our parents, subsidiaries, our affiliates, partners or licensors, and is protected by United States, Canadian and international laws, including laws governing copyrights and trademarks.

Except as set forth in the limited licenses in SECTION 7 below, or as required under applicable law, neither the Content nor any portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.

7. LIMITED LICENSES

We grant you a limited, revocable, non-transferable and non-exclusive license to access and make personal use of the Site. This limited license does not include the right to: (a) frame or utilize framing techniques to enclose the Site or any portion thereof; (b) republish, redistribute, transmit, sell, license or download the Site or any and/or all Content (except caching or as necessary to view the Site); (c) make any use of the Site or any and/or all Content other than personal use; (d) modify, reverse engineer or create any derivative works based upon either the Site or any and/or all Content; (e) collect account information for the benefit of yourself or another party; (f) use any meta tags or any other “hidden text” utilizing any and/or all Content; or (g) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. You must retain, without modification, all proprietary notices on the Site or affixed to or contained in the Site.

We also grant you a limited, revocable, non-transferable and nonexclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to the Site (i) may link to, but not replicate, any and/or all of our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive controversial or illegal or inappropriate for any ages (as determined in our sole discretion); (v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; and/or (vi) may not link to any page of the Site other than the home page. We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorized in writing by us to resume linking.

Any unauthorized use by you of the Site or any and/or all of our Content automatically terminates the limited licenses set forth in this SECTION 7 without prejudice to any other remedy provided by applicable law or these Terms and Conditions.

8. JABBAR&Co (110SHADES.COM) MEMBERS-ONLY ACCESS

Access to some portions of this Site is only permitted for 110Shades members through the use of a personalized ID that 110Shades issues to each 110Shades member and a password.  Pursuant to and without limiting the generality of Section 6 hereof, any distribution of your personalized ID, password or the Content of this Site to any third party is strictly prohibited.  To become a 110Shades member and enjoy all the benefits of membership, a non-member should sign up directly at 110Shades.com.

9. YOUR OBLIGATIONS AND RESPONSIBILITIES

In the access or use of the Site, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the Site. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to the Site or any Content or services that may appear on this Site and may not impair in any way the integrity or operation of the Site. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or wilfully in any of the obligations set forth in these Terms and Conditions, you shall be liable for all the losses and damages that this may cause to JABBAR&Co, our parents, subsidiaries, affiliates, partners or licensors.

10. YOUR ACCOUNT

Subject to the age restrictions outlined above, you may view and use many features of the Site without registering, including making purchases, but in order to access and use some parts of the Site, you may need to register an account with us.  You may choose to create an account at our Site if you are over thirteen (13) years of age. Do not register if you are not over thirteen (13) years of age. If you are over thirteen (13) years of age and do register, you will have an email address/username and password for your account. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. If there has been an unauthorized use of your password or account, please notify us immediately. You are responsible for keeping such information current, complete, accurate and truthful. You agree to accept responsibility for all activities that occur with your permission or authorization under your account, username and/or password, or because you fail to maintain sufficient security over your account, username and/or password.  If you are accessing and using the Site on someone else’s behalf, you represent that you have the authority to bind that person as the principal to all Terms and Conditions provided herein, and to the extent you do not have such authority you agree to be bound to these Terms and Conditions and to accept liability for harm caused by any wrongful use of the Site or Content resulting from such access or use. You may cancel your online account with us at any time.

We reserve the right to refuse service and/or terminate accounts, including 110Shades membership or 110Shades Influencers & Distributors program memberships, without prior notice if these Terms and Conditions are violated or if we decide, in our sole discretion, that it would be in JABBAR&Co’s best interests to do so.

11. THIRD PARTY LINKS

We are not responsible for the content of any off-website pages or any other websites linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by us, our parents, subsidiaries, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-website pages or any other websites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit.

12. SPECIAL FEATURES, FUNCTIONALITY AND EVENTS

The Site may offer certain special features and functionality or events (such as contests, sweepstakes or other offerings) which may (a) be subject to terms of use, rules and/or policies in addition to or in lieu of these Terms and Conditions; and (b) be offered by us or by third parties. If so, we will notify you of this and if you choose to take advantage of these offerings, you agree that your use of those offerings will be subject to such additional or separate terms of use, rules and/or policies.

13. SUBMISSIONS

It is our policy to decline unsolicited suggestions and ideas. Notwithstanding our policy with regard to unsolicited suggestions and ideas, any inquiries, feedback, suggestions, ideas or other information you provide us (collectively, “Submissions”) will be treated as non-proprietary and non-confidential. Subject to the terms of our Privacy Policy, by transmitting or posting any Submission, you hereby grant us a worldwide, non-exclusive, unrestricted, royalty-free, perpetual, irrevocable, assignable right and license to copy, use, reproduce, modify, adapt, translate, publish, license, distribute, sell or assign the Submission in any way as we see fit, including but not limited to copying in whole or in part, creating derivative works from, distributing and displaying any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works, or using the Submission within or in connection with our products or services. You also acknowledge that your Submission will not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, without payment of money or any other form of consideration, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.

If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.

14. USER CONTENT

When you transmit, upload, post, share, distribute, reproduce, e-mail or otherwise make available data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials (“User Content”) on the Site in any manner (including, but not limited to, through the “Contact Us” form), you are entirely responsible for such User Content. Such User Content constitutes a Submission under SECTION 13 above. This means that all third parties, and not we, are entirely responsible for all User Content that they post to the Site. You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing or otherwise making available on the Site User Content that (a) is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships; (c) is known by you to be false, inaccurate or misleading; (d) you were compensated for or granted any consideration by any third party; or (e) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. In addition, you agree not to transmit, upload, post, e-mail, or otherwise make available any software viruses, unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of “spam.” You further agree not to (i) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity, including without limitation, a 110Shades or JABBAR&Co representative or Artist, forum leader, guide or host; (ii) “stalk” or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way; (iii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content; (iv) intentionally or unintentionally violate any applicable local, state, national or international law; or (v) collect or store personally identifiable data about other users.

We do not endorse or control the User Content transmitted or posted on the Site and therefore, we do not guarantee the accuracy, integrity or quality of User Content. You understand that by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will we be liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Site. You hereby waive all rights to any claims against us for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with User Content.

You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove any User Content and we reserve the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, we have the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and we reserve the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.

110Shades members may be invited to participate in certain special features available on the Site to 110Shades members only.  Some of these features may be offered to facilitate communication among 110Shades members.  Your use of such features and of the information communicated is at your own risk and subject to the terms of this SECTION 14.  Neither JABBAR&Co nor 110Shades shall have any liability to you or your any other person or party with respect to such features, communications, or use of information contained therein.

DELETION OF USER CONTENT

If you wish to delete certain items of your public User Content, such as your ratings and reviews posting(s), on the Site or in connection with our mobile applications, please contact us by email at customercare@110shades.com and include the following information in your deletion request: customer number, first name, last name, user name/screen name (if applicable), email address associated with our website and/or mobile applications, your reason for deleting the posting, and date(s) of posting(s) you wish to delete (if you have it).  We may not be able to process your deletion request if you are unable to provide such information to us. Please allow up to 10 business days to process your deletion request.

15. ONLINE MEDIA AND ADVERTISING

110Shades uses online imagery and video content to distribute our value messages to our target markets. Content used may not necessarily include true depictions of our products in use. We may use metaphors as a means of artistic freedom to connect our attitudes with our target markets. Accordingly, content used may not be uniquely generated for each campaign that we may run. Please read SECTION 16 for procedures outlined with respect to suspicions of copyright infringements, and how we can work together to keep things fair.

In using our Site, you accept that colours may vary reasonably between “on-screen” and “on-skin” due to the fundamental nature of light versus the radiant qualities of pigment. While we have taken care to provide the most accurate representation of our offerings, colour variations also exist between devices. Our products may also vary very slightly in colour between batch runs. In every case, however, each shade will still fall comfortably within an acceptable sensitivity range (manufacturer target of less than 5% variation), and remain distinct when compared to “adjacent” (or nearest matching alternative) shades.

Our interactive shade charts (“Shade Finder, Shade Navigator, Shade Selector”) is the culmination of JABBAR&Co’s product and market research, and offered to our visitors freely as both entertainment media as well as a functional cross-reference of alternative products available in the market. As such, no guarantee is offered that the data collected and displayed through our Shade Finder is accurate with respect to the matching of other brands, and we welcome community contribution to help refine and improve our data for everyone’s interest.

110Shades’ classification of every distinguishable skin tone aligns with the colour spectrum used by the cosmetics industry, and serves as the basis of many of our product claims. We accept that there may be outliers in wide populations, still, from our extensive collection, but more importantly, we encourage research and study of any significant reclassification opportunities to complete our offering beyond the widely accepted 110 skin tones that have been identified.

If you are having difficulty finding your perfect shade with us, please contact marketing@110shades.com to start a discussion.

16.  COPYRIGHT INFRINGEMENT NOTICES

We respect the intellectual property of others and require that users of the Sites do the same. We also maintain a policy that provides for the termination in appropriate circumstances of the Sites’ use privileges of users who repeatedly infringe intellectual property rights. Consistent with the Digital Millennium Copyright Act, if you believe that copyrighted materials have been copied in a way that constitutes copyright infringement, please send an e-mail or written notice to legal@jabbarandcompany.com for notices of infringement and provide the following:

A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that you claim is infringed;

  • Identification of the copyrighted work(s) that you claim has been infringed;
  • A description of the material that you claim is infringing and the location of that material on the Site;
  • Your address, telephone number and email address;
  • A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

We’re all about solutions (literally), so allow us some time to review any claims and try to understand how parties have been affected. We believe you care, and so do we. We will endeavor to acknowledge receipt as soon the right person has been notified and briefed at 110Shades. In using our Site, you agree to provision for at least 90 days from being notified of our receipt for us to conduct a preliminary internal investigation and prepare for a formal presentation of how we think we may be able to work together.

 NOTE: THE ABOVE CONTACT INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING JABBAR&Co ONLINE THAT COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS AND SHOULD BE DIRECTED TO OUR CUSTOMER SERVICE TEAM BY EMAIL (CONTACT@110SHADES.COM).

17. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

THE SITE AND ITS CONTENT AND SERVICES ARE PRESENTED “AS IS.” NEITHER WE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE SITE TERMS AND CONDITIONS OR THE SITE OR ITS CONTENTS OR SERVICES.

YOU AGREE THAT NEITHER WE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES (f) ANY INACCURACIES OR OMISSIONS IN CONTENT OR (g) EVENTS BEYOND OUR REASONABLE CONTROL.

FURTHER, NEITHER WE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE OR YOUR USE THEREOF, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY FOR SUCH CLAIMS EXCEED ONE HUNDRED DOLLARS ($100.00).

YOU AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, THE USE OF THE SITE OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU ARE DISSATISFIED WITH THE SITE, TERMINATION OF YOUR USE OF THE SITE IS YOUR SOLE REMEDY.  WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.

18. INDEMNIFICATION

You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand arising from (i) your use of the Sites or the Site Content in violation of any law, rule, regulation or these Terms and Conditions, or (ii) any part of your User Content. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.

19. DISPUTES

With respect to any dispute, claim, or controversy regarding the Site, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of Ontario, Canada, as if the Terms and Conditions were a contract wholly entered into and wholly performed within Canada. ANY DISPUTE RELATING IN ANY WAY TO YOUR USE OF THE SITE, THESE SITE TERMS AND CONDITIONS, OR THE RELATIONSHIP BETWEEN THE PARTIES (OTHER THAN CLAIMS RELATING TO THE INTELLECTUAL PROPERTY RIGHTS OF JABBAR&Co OR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS OR LICENSORS OR CLAIMS IN EQUITY) SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN TORONTO AND YOU AGREE TO SUBMIT YOURSELF TO THE JURISDICTION AND PROCEEDINGS THEREOF.  ARBITRATION MEANS THAT AN ARBITRATOR(S) WILL DECIDE THE CLAIM, AND YOU WILL NOT HAVE THE RIGHT TO SUE IN COURT OR TO HAVE A JUDGE OR JURY DECIDE YOUR CLAIM. YOUR RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND APPEALS MAY ALSO BE LIMITED IN ARBITRATION.   It is further agreed that any dispute over the scope of this arbitration provision and any dispute as to whether a claim is arbitral shall be submitted to the arbitrator for decision.  Notwithstanding the foregoing, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes. Arbitration under this agreement shall be conducted under the arbitration rules maintained by the ADR Institute of Canada (“ADRIC”) then prevailing with the Canadian Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually, and (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

20. CONSENT TO RECEIVE NOTICES ELECTRONICALLY BY POSTING ON THE SITE AND VIA EMAIL

You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which these Terms and Conditions refer from us electronically including without limitation by e-mail or by posting notices on this Site. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by emailing us at customercare@110shades.com and discontinue your use of this Site. In such event, all rights granted to you pursuant to these Terms and Conditions, including but not limited to the limited licenses set forth in SECTION 7 hereof, shall automatically terminate. Unfortunately, we cannot provide the benefits of this Site to any user that cannot consent to receipt of Notices electronically.Please note that this consent to receive Notices is entirely separate from any election you may make with respect to receipt of marketing communications. Your options with respect to receipt of marketing communications are set forth in our PRIVACY POLICY.

21. GENERAL

You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications.

We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Site and providing notice of such change. Any changes are effective immediately upon posting to the Site and release of notice of such change. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.

Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision. The headings in the Terms and Conditions are for convenience only and shall not be used in its interpretation.

If you have any questions regarding these Terms and Conditions, please email us at pr@110shades.com or legal@jabbarandcompany.com.

COMMUNITY GUIDELINES

Welcome to 110 Shades’ guidelines for our online community, which includes all the places where JABBAR&CO. lives on the web, such as 110shades.com, Facebook, Instagram and YouTube. 

JABBAR&CO. is more than just a beauty brand. We’re on a mission to help everyone on their personal journey of self-expression. We want to create a fun and safe place (on our website, on Facebook, and elsewhere) for everyone to share their passions, ideas, experiences, and more. We’re all here to support one another and learn new things, so please be respectful of others. 

HOW TO CONTRIBUTE

BE POSITIVE. 

We believe in supporting one another in the most positive way possible. Treat others as you would like to be treated. Non-constructive negativity (ranting, excessive venting, snide commentary) doesn’t add value to the community experience, so please do not disparage other people or products. We always welcome your feedback, and there’s nothing wrong with a healthy debate or discussion, but please keep it constructive and polite. Your words will come across much more effectively if you voice them in a positive way.

HELP OTHERS.

We love seeing our community help one another. Advice, tips, and tricks are always appreciated from one person to another. This is your community, so we need your partnership to keep the conversation fun, intelligent, and drama-free.

EXPRESS YOURSELF! 

We want to see your videos, photos, and looks, and we love hearing your voice. Define yourself and be an original!

Share with us what’s inspiring you across the world wide web, but remember, if it’s not something you’ve created, get permission to share and give credit where credit is due!

CONTACT US DIRECTLY.

If you ever have an issue, question, or suggestion, the best and fastest way to get a response is to Email our amazing customer service team. In fact, due to privacy reasons, we cannot use public forums to resolve many individual issues. We’ll do our best to support you and answer general questions wherever we can, but it is always best to e-mail our team so we can investigate and help you out!

BE RESPECTFUL. 

We’re here to make discoveries, share knowledge, and celebrate our love for all things beauty. It’s important we communicate to each other with grace and respect. Every personhas a right to participate on our website and social media channels without being bullied.

Please be sensitive by avoiding profanity, sexually explicit content, and anything that could potentially offend others in our community. We have a no-tolerance policy for abuse toward community members.

Please extend respect not only to your fellow community members, but also to our customer service agents! They’re real people, here to provide you with great service and support, so please be nice. They’ll always treat you with dignity and kindness, so we expect you to do the same.

WHAT NOT TO DO

DON’T BE RUDE, CRUEL, OR INTOLERANT. 

Harassing, bullying, or intimidating other people, or defaming the community and company as a whole, will not be tolerated. This includes name-calling; personal, professional, or religious attacks or threats; racist or sexist comments; hate speech (or any comments that could be interpreted as such); demeaning remarks based on personal appearance, race, ethnicity, religion, gender, gender identity, disability, or sexual orientation.

DON’T SPAM. 

When you share content with others, please provide context, don’t post the same thing more than once, and don’t share purely commercial links (like affiliate or referral programs). 

DON’T POST PERSONAL INFORMATION. 

We value privacy. Please don’t post your own (or someone else’s) phone number, e-mail address, physical mailing address, billing info, or any other personal information. Also, please do not post private correspondence between you and someone else. 

DON’T IMPERSONATE SOMEONE ELSE. 

Fraudulent actions will not be tolerated and may result in assessment by concerning authorities.

DON’T CHEAT. 

We expect everyone to abide by these guidelines written out in our Terms and Conditions, and we reserve the right to remove offending content and ban offenders in order to maintain a safe and positive community. Thank you for your cooperation!

IF YOU VIOLATE OUR COMMUNITY GUIDELINES…

After your first violation of the Community Guidelines, our customer service team will send you a warning message. You’ll receive a second warning message after the second violation. If you commit another violation after that, you will be blocked.

NO WAIVER

The failure of JABBAR&Co. to insist upon strict adherence to any term of these Terms and Conditions shall not constitute a waiver of such term. Further, it shall not impact 110Shades’ ability to enforce any other provision in these Terms and Conditions. You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of the Sites or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose, or will be forever barred.

SEVERABILITY

If any provision of these Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected.